The reports of that reverend and learned judge, Sir Richard Hutton Knight sometimes one of the judges of the common pleas : containing many choice cases, judgments, and resolutions in points of law in the severall raignes of King James and King Charles / being written in French in his owne hand, and now faithfully translated into English according to order.

Farrington versus Caymer.

LIonell Farrington qui tam pro se quam pro, &c. brought an Infor∣mation against William Caymer, upon the Statute of 23 H. 8. cap. 4. against Ale-brewers and Bear-brewers, for selling Bear at higher prises then were assessed by the Iustices, upon Not guilty pleaded, the Plaintiff had a Verdict at Norfolk Assises.

And it was moved in Arrest of Iudgment, that the Information was brought in the Common Bench, and yet it was brought and tryed in the proper County where the Offence was committed, wheras by 33 H. 8. cap: 10. 37 H: 8 cap: 7. 21 Jac: cap: 4. it ought to be brought in the Country, and not in the Common Pleas.

And upon grand deliveration and hearing of councell of either part the Court resolved that Iudgment should be given for the Plaintiff. And first it was agreed, that (wheras by the Statute of 23 H. 8. cap. 4, which appoint that the Iustices of Peace assesse the prises of Bar∣rels and other Vessels of Beer; and that they which sell against that rate forfeit six shillings, &c. to be recovered by action of Debt, Bill, Plaint, or Information in any Court of Record, in which no wager of Law, &c. and gives one Moyety to the party which will sue, and the o∣ther to the King, no action may be brought in any Court of Record, but onely in one of the four Courts of Record at Westminster.

And the proof therof, see Coke lib: 6. fol: 19. Gregories case, and Dy∣er 236. a.

Then the principall and sole point will be, if this Offence will be by the act of 33 H: 8. cap: 10. made presentable and punishable by the Iustices of Peace; at their six weeks Sessions; and it was unanimous∣ly agreed that it is not. First, because the preamble of the act recite, that the Offences recited therin escape punishment, and for their more speedy and effectuall punishment, and repeat the particulars, but therin name not Brewers by expresse words, and it cannot be inten∣ded that the intent of the Statute was to give them at their six weeks Sessions, to intermeddle with things not determinable at their gene∣rall Sessions. And it was objected by A••tho, that Lambert and Cromp∣ton had put it as an Article of their charge: To which it was answe∣red, that it was in some respect inquirable at Common Law, viz. Mis∣demeanors in Bear-brewers, Conspiracies and agreements to sell at such prises, and the making of wholsome Beer. Also it might be that they ••ake the Law to be upon the Statute of 23 H: 8. that the Sessions being a Court of Record was within this act, that saies in any Court of Record: And then if it be not suable by Information before the Iu∣stice•• of Peace, the consequence is plain, that the Statute of 21 Jac. cap: 4. extends not therto, and the Statute of 37 of H: 8. makes not any thing in this case, but tolls the six weeks Sessions, and makes it in∣quirable at the generall Sessions.

Ideo Iudgment for the Informer.

Notes

• Information where it shall be brought.